Arizona soon could lose its authority over safety in the workplace.

The Biden administration has warned the state, along with South Carolina and Utah, its occupational and safety plan for businesses could be set aside and taken over by the federal Occupational Safety and Health Administration (OSHA).

Tuesday’s warning comes as the OSHA prepares to unveil its new COVID-19 vaccination requirements for larger businesses.

Arizona Gov. Doug Ducey said the move was disingenuous.

“The federal government’s threat to strip the [Industrial Commission of Arizona] of its OSHA authority is nothing short of a political stunt and desperate power grab,” Ducey said. “The ICA is actively engaged in a public input process, encouraging Arizonans from every corner of the state to participate, and now the Biden administration is attempting to silence input from citizens and stakeholders alike.”

Ducey promised federal authorities a court battle as he has with other issues in the past.

Twenty-two states have OSHA plans covering private and public-sector workers. OSHA approves of “plans” from individual states, allowing them to handle workplace safety regulations as long as they are as comprehensive or more than federal guidelines. In Arizona, the plan is managed by the Industrial Commission of Arizona (ICA).

The ICA wrote the OSHA in July, saying state laws already in place are “at least as effective” as the baseline federal plan. The office added wage, paid sick time and retaliation issues aren’t typical duties of an occupational regulator – something OSHA demanded to be included in the plan.

The state agency told the OSHA in the July it would start the rulemaking process and ask for public input.

James Wulff, the acting regional administrator for the OSHA, said the state’s laws aren’t sufficient in meeting the office’s Healthcare Emergency Temporary Standards, an enhanced set of regulations that focus on health care provider safety when dealing with COVID-19 cases.

“Please note that failure to do so may place Federal approval for the Arizona State Plan in jeopardy,” Wolff wrote in a Sept. 16 letter to Jessie Atencio, director of the Arizona Division of Occupational Safety and Health.

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This article was published on October 20, 2021, and is reproduced with permission from The Center Square.